Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 217240 of 748 articles for abuse of discretion

Residency Requirements vs. Constitutional Rights: The Dano Case on Domicile and Elections

A Supreme Court ruling clarifies that temporary absence does not break residency for election purposes, protecting candidates' constitutional rights.

Third-Party Claims in Labor Execution: Due Process and the Burden of Proof

The Supreme Court clarifies when a hearing is required for third-party claims in NLRC execution proceedings, and what claimants must prove.

Tax Exemption for PAGCOR Licensees: Understanding the Scope of PD 1869

The Supreme Court clarifies that PAGCOR licensees remain exempt from corporate income tax on gaming operations under PD 1869.

Fugitive From Justice Ruling: Intent to Evade Must Be Proven for Disqualification

Supreme Court explains what makes a candidate a "fugitive from justice" and why intent to evade prosecution must be proven.

Safeguarding Speedy Trial Rights Dismissal FOR Prolonged Delays IN Ombudsman Cases

The Supreme Court clarifies when prolonged Ombudsman delays violate the constitutional right to speedy disposition of cases.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Freedom of Expression vs. Election Rules: The Diocese of Bacolod Tarpaulin Case

The Supreme Court ruled that a church tarpaulin on the RH Law was not election propaganda, protecting citizen speech during elections.

Constructive Dismissal: When Cutting Work Hours Violates Employee Rights

Philippine Supreme Court ruling on when reducing work hours becomes constructive dismissal, and what employers must prove to justify it.

Misconduct in the Workplace: Defining the Boundaries of Trust and Employment

Philippine Supreme Court ruling clarifies when serious misconduct justifies dismissal and the evidentiary standard employers must meet.

Finality of Judgment Prevails: When a Notice of Lis Pendens Can Be Cancelled

A Supreme Court ruling clarifies that only the court with jurisdiction over the main action may cancel a lis pendens, and final judgments cannot be collaterally attacked.

Probable Cause and Preliminary Investigations: Safeguarding Rights in Criminal Proceedings

The Supreme Court explains probable cause standards, due process in preliminary investigations, and why judicial determination prevails.

The Fine Line When Excuses Don't Excuse Absence in Court

When does a valid excuse justify missing pre-trial? The Supreme Court clarifies when postponements are a privilege, not a right.

Perfecting an Appeal: Why Timely Payment of Fees Is Critical in Philippine Courts

Learn why timely payment of appellate docket fees is mandatory in Philippine courts and how failure to perfect an appeal can be fatal to a case.

When a Lawyer Can Challenge a Court Order: The Rule 65 "Aggrieved Party" Exception

Explaining when a lawyer can file a certiorari petition despite not being a party, based on a 2016 Supreme Court ruling.

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Accountability in Public Service: Internal Auditors' Duty to Prevent Misuse of Funds

Supreme Court ruling on internal auditors' liability for government fund losses, explaining due diligence standards under COA rules.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.

Illegal Dismissal Claims: When Voluntary Resignation and Quitclaims Prevail

Supreme Court ruling on when a resignation and quitclaim are voluntary, and what evidence employees must present to prove illegal dismissal.

Defining Construction Cost Interest Expenses and Reserved Units in Joint Development Agreements

Philippine Supreme Court clarifies what counts as actual construction cost in joint development agreements, excluding interest expenses from the computation.

Motion for Extension of Time: Balancing Strict Rules and Substantial Justice

Philippine Supreme Court ruling on when courts should relax procedural rules on formal offer of evidence to serve substantial justice.

Navigating Factual Disputes: The Supreme Court's Stance on Appellate Review

The Supreme Court clarifies when appellate courts may review factual findings and correct arbitrary penalties in homicide convictions.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Supreme Court: Selling Pirated Software Alone Is Copyright Infringement

The Supreme Court rules that merely selling pirated software constitutes copyright infringement under PD 49, reversing the Court of Appeals' restrictive reading.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.